Tag Archives: consent

Supreme Court Dismisses Aboriginal Spiritual Rights Charter Claim

The Supreme Court of Canada (SCC) released a decision earlier today dismissing a novel Aboriginal freedom of religion Charter claim that was raised in opposition to a ski resort development in British Columbia: Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (Ktunaxa).  This is a significant case as it … Continue Reading

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada – Implementation Status Update

It has been over a year since the federal government announced at the UN Permanent Forum on Indigenous Issues that Canada was now a full and unqualified supporter of UNDRIP and that the federal government would be implementing UNDRIP in Canada (details here). Following that announcement, Canada indicated that it would be carrying out consultations … Continue Reading

Canada announces unqualified support for UNDRIP – suggests Canada’s existing constitutional obligations serve to fulfil the principles of “free, prior and informed consent”

This post was updated on May 26th, 2016. On May 10, 2016, the federal Minister of Indigenous and Northern Affairs, Hon. Carolyn Bennett, announced Canada’s latest position statement on the United Nation Declaration on the Rights of Indigenous Peoples (the Declaration). The announcement came on the second day of the United Nations Permanent Forum on … Continue Reading

The United Nations Declaration on the Rights of Indigenous Peoples and Free, Prior and Informed Consent – Where does Canada go from here?

This article appears in McCarthy Tétrault’s March 2016 publication, Mining in the Courts, Year in Review, volume VI. The full publication is available online. In 2015, Canada’s new federal government committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples (Declaration). This has generated significant attention in the mining and natural resource … Continue Reading
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